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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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If you are a victim of internet payment fraud is your loss

Resolved Question:

If you are a victim of internet payment fraud is your loss limited in anyway by the bank?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

We purchased a trailer from a supplier who we had been in email contact with. One of the emails came through stating that the trailer was ready for delivery and could we pay the invoice into his Barclays account. We duly did this and telephoned him to say invoice had been paid into Barclays as requested. He then advised that he didn't have a Barclays account and his email address had been hacked again. We attempted to contact Barclays immediately, but it took nearly 5 hours to get through to their fraud dept who then asked that a report was emailed in to them. This was duly done the day of the scam. It then took them nearly 2 months to reply with an offer of £81.11 in final settlement as this was the only money left in the fraudulent account. We have in the meantime taken delivery of the goods, yet our supplier is left out of pocket. The matter was reported to the police who are not interested and the bank will not take any further action. Do I have any recourse on the bank and lack of adequate fraud process?

Expert:  Jo C. replied 3 years ago.
How did the scammers get into his account?

You mean they hacked in? So Barclays security failed?
Customer: replied 3 years ago.

They hacked into his email account not bank and changed the payment details on the email.

Expert:  Jo C. replied 3 years ago.
So it wasn't the bank that failed but the email providers?

Customer: replied 3 years ago.

Yes, I guess so, although I feel that the banks action post scam were appalling and our loss may have been reduced if they had acted more quickly

Expert:  Jo C. replied 3 years ago.
Thanks.

That is a problem I'm afraid.

In a nutshell, the banks are only liable if their security measures fail. They will argue here that this was nothing to do with them but a third party failure.

The fact of the delay is objectionable but that didnt cause your loss unfortunately.

You could complain to the Financial Services Ombudsman about the delay and the bank may offer you something just to get rid of the matter.

However, if you went to court I'm afraid you would lose as this loss was just plain not caused by the bank.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
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